BRAD CMS License Agreement

"License Key": the key we issue to you when you buy a license.

"Install": one running copy of the Software, meaning one application deployment and its database, bound to the domain, IP address and/or directory that its License Key locks to. Several processes or cluster workers serving the same database are one Install.

While your license is active and paid, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and run ONE Install per License Key, on servers you control or that a hosting provider runs on your behalf, for your own business. That includes running public websites, stores, auctions and portals for your customers and end users.

Modules that require a paid entitlement may be used only while that entitlement is active.

You may make backup copies of the Software and its database for recovery of your Install.

You may not, and may not help anyone else:

1. copy, distribute, sell, rent, lease, lend or sublicense the Software, or publish it or any part of it;
2. run more Installs than you hold License Keys for, or share a License Key outside your organization;
3. offer the Software to third parties as a hosted service or platform for them to run their own businesses on, without our written consent;
4. reverse engineer, decompile, de-obfuscate or disassemble the Software, except where the law allows it despite this restriction;
5. bypass, disable or tamper with license verification, signature checks, domain/IP/directory locks or other technical limits in the Software;
6. remove or change any copyright, license or attribution notice; or
7. use the Software to build a competing product.

We and our licensors keep all rights, title and interest in the Software. You get only the rights this Agreement grants.

The content and data you and your users store in your Install belong to you. We do not access your Install's database, files or users. You are responsible for that data, for your end users, and for meeting the laws that apply to how you collect and use it (for example privacy, consumer protection, and email and SMS marketing laws).

The Software includes open-source components. Each is governed by its own license, and nothing in this Agreement limits your rights under those licenses.

Licensing and updates need your Install to contact our servers at brad.software. These connections are part of how the Software is licensed and updated and cannot be switched off. This is everything the Software itself sends us:

1. When your License Key is validated during installation, and when the Install re-checks its license (it asks our servers about every 15 days, and sooner while the license is not confirmed): the License Key; the domain, IP address and install directory of the Install; the Software version; and a snapshot of the server: hostname and full hostname, operating system, release and architecture, CPU model and count, total memory, the server's own (non-loopback) IP addresses, and the Node.js version.
2. To learn the server's public IP address for those checks, the Install asks api.ipify.org, then ifconfig.me, then icanhazip.com, stopping at the first answer, about once a day. Those services see your server's IP address, as with any web request.
3. About once an hour, and when an administrator checks for updates: the License Key, the installed version and the release channel (to check for updates), plus the version, release channel, whether automatic updates are on, and the result of the last update, including any error message (to report the Install's status).
4. When an administrator applies an update, or automatic updates are on: the download of the new release from our servers or our download host.

We use this only to verify your license, deliver and support updates, detect misuse of License Keys, and provide support. We do not sell it. The Software does not send us your content, your users' information or your database.

Services you choose to connect, such as BRAD Cloud, payment gateways, email and SMS providers or AI providers, receive what you send through them under their own terms, and in the case of BRAD Cloud under our Terms of Service and Privacy Policy.

We may provide updates during your license term. Updates install only when an administrator starts one, or when an administrator has turned on automatic updates, which are off by default. The updater backs up the database and tries to roll back a failed update, but you remain responsible for keeping your own backups. Each update is covered by this Agreement unless it ships with a newer version of it, in which case the newer version applies to that update.

This Agreement lasts while your license is active. It ends automatically if your license is cancelled, refunded, or suspended or terminated for non-payment (after any grace period we offer) or for breach of this Agreement. When it ends, you must stop using the Software and remove it. While a license is not active, the Software refuses updates and module installs. Your data stays in your database; we recommend exporting what you need before your license ends. Sections 3, 4, 9, 10, 11 and 13 survive termination.

If you are not satisfied with a new purchase of a software license, you may cancel it within 30 days of the initial purchase for a full refund of that first payment. To ask for a refund, contact support@brad.software within that 30-day window. The guarantee does not cover renewals of an existing license, domain registrations, transfers or renewals, or BRAD Cloud usage charges or Cloud wallet top-ups already consumed. When a license is refunded, it ends and you must remove the Software. All other fees are non-refundable except where the law requires otherwise or where we expressly state otherwise at the time of purchase.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT THE LAW ALLOWS. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE FULLEST EXTENT THE LAW ALLOWS, B.R.A.D. SOFTWARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, ARISING FROM THE SOFTWARE OR THIS AGREEMENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE LICENSE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

You may not use, export or re-export the Software in violation of export control or sanctions laws.

[PLACEHOLDER: GOVERNING LAW AND VENUE TO BE SET BY B.R.A.D. SOFTWARE BEFORE THIS AGREEMENT TAKES EFFECT.]

This Agreement, the Terms of Service and the Privacy Policy are the whole agreement between you and us about the Software. If a court finds part of this Agreement unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it. You may not assign this Agreement without our written consent; we may assign it as part of a merger, acquisition or sale of our business. The English version of this Agreement governs.

Questions about this Agreement: support@brad.software, or https://brad.software/contact.